California Lawsuit Could Advance Concealed Carry

Today it is a fundamental, Constitutional right for the individual to carry a weapon for the purpose of self defense. Unfortunately, California government has chosen to ignore the Heller and McDonald decisions of the US Supreme Court. It will take a Federal Court order to force the State and local governments to comply with the two decisions. Which may be about to happen in the Peruta case.

San Diego, like Los Angeles, issues very few licences to carry a concealed weapon. Licenses issued by both jurisdictions are capricious and arbitrary. In the case of Peruta v San Diego, the Sheriff’s department favored a private organization called the Honorable Deputy Sheriff’s Association. Not a single member in good standing who has applied since 2006 has been denied a license.

On Friday, the attorneys for Peruta filed a motion for a partial summary judgment. If the court grants the motion it would immediately require that all issuing authorities in the Southern District of California issue licences to carry a concealed weapon to everyone who applies and meets the non-discretionary requirements of obtaining a license or, hopefully, everyone who is at least 18 years of age and legally entitled to own a firearm as was found in Heller and McDonald.

It took the Court two months from the date that San Diego County Sheriff Gore filed his motion to dismiss the case and Judge Gonzalez issued her denial of the motion, and that included breaks for Thanksgiving, Christmas and New Years. The Court’s denial of motion to dismiss was 18 pages long. Judge Gonzalez has already laid out the legal foundation for her decision. An order granting the partial summary judgement will most likely take less time.

So how does this affect those of us who don’t live in the Southern District? It potentially affects everyone who lives in the 9th Circuit. Some more than others given that the only two states in the 9th Circuit which severely restricts carrying a loaded gun are Hawaii and California. Alaska and Arizona don’t even require a license to carry a handgun, openly or concealed.

Assuming that there isn’t something unusual in the summary judgement granted by the court it will provide a mechanism for everyone who lives in the 9th Circuit to obtain a CCW. Here is how. Once the judgement is granted, apply for a license to carry a concealed weapon and put “self-defense” as the reason. Read more